{"id":352388,"date":"2023-10-13T10:24:52","date_gmt":"2023-10-13T15:24:52","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/criminal\/criminal-rights\/the-fourth-amendment-and-the-exclusionary-rule.html"},"modified":"2026-07-07T09:16:52","modified_gmt":"2026-07-07T14:16:52","slug":"the-fourth-amendment-and-the-exclusionary-rule","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/the-fourth-amendment-and-the-exclusionary-rule.html","title":{"rendered":"Can Illegally Obtained Evidence Be Used Against You in Court?"},"content":{"rendered":"\n
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Can Illegally Obtained Evidence Be Used Against You in Court?<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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In general, illegally obtained evidence<\/span> cannot be used against you in court. This is due to the exclusionary rule<\/span>, which prevents prosecutors from using evidence seized through unconstitutional searches and seizures. Certain exceptions may allow some illegally obtained evidence<\/span> to be admitted.<\/p>\n\n <\/div>\n\n\n\n

Understanding when evidence should be excluded can be crucial for a criminal defense strategy. In this article, we\u2019ll explain how courts determine whether evidence was obtained legally, common scenarios in which evidence is excluded from a\u00a0criminal case<\/span>, and when an illegal search<\/span> can invalidate an entire case.<\/p>\n

If you’re facing criminal charges, consider contacting a criminal defense attorney<\/span><\/a> near you. They can help review your case and determine whether law enforcement<\/span> officers<\/span> can use the evidence against you.\u00a0<\/p>\n

How Courts Determine if Evidence Was Obtained Illegally<\/h2>\n

If police find\u00a0evidence through methods that violate your constitutional rights<\/span>, it may be inadmissible in court under the exclusionary rule<\/span><\/a>. This protection does not happen automatically. Your attorney needs to file a motion to suppress before trial, asking the court to exclude the unlawfully obtained evidence<\/span>.<\/p>\n

How much impact getting evidence tossed will have depends on how important it is to the prosecution’s case<\/span>. For example, if police discovered drugs during an unlawful search<\/span> of a vehicle, and it\u2019s the only thing supporting drug possession charges<\/a>, getting it suppressed could lead to a dismissal. If prosecutors have other lawful evidence connecting you to the crime, losing one piece of evidence<\/span> might just weaken their case rather than end it.<\/p>\n

The timing of when you file your motion also matters. In general, you need to file a motion to suppress evidence before the trial begins. Under the Federal Rules of Criminal Procedure<\/a>, the court can set a deadline for filing a pretrial motion. If it doesn\u2019t, the deadline is at the beginning of the trial. Once that deadline passes, you usually can’t challenge how the police obtained evidence against you. This is another reason having a criminal defense attorney<\/span><\/a> is essential.<\/p>\n

Common Scenarios Where Evidence Gets Excluded<\/h2>\n

Courts exclude various types of illegally obtained evidence<\/span>. Understanding these examples can help you recognize potential violations in your own case, and include:<\/p>\n